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North Carolina Legal Malpractice Questions & Answers
1 Answer | Asked in Collections and Legal Malpractice for North Carolina on
Q: Is there a time frame attorneys must start once paid?

I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2024

There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.

My experience in collecting debts, is that it is often a slow process. It can, of course, take years,...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for North Carolina on
Q: I think I was misrepresented by a attorney on a workers comp case and I would like to know what to do?

I have my complete file and have spoken to several attny that has told me He screwed me but they dont handle attny.malpractice

N'kia (NLN)
N'kia (NLN)
answered on Mar 24, 2023

Anyone considering a malpractice claim should consider speaking with a malpractice attorney. Legal malpractice is mostly about whether an attorney met their legal duties. Generally speaking, every North Carolina attorney has the same basic legal duties, regardless of the subject matter of the case... View More

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: If your attorney blatantly ignores your wants and requests and doesn't enter any evidence in your behalf what can you do

Attorney was given several affidavits to use prooving innocence that would have brought children home at 2nd non-secure custody hearing. Along with found newborns at birth drug screen showing it was taken 2 hours before child was even born. Client contacted law professors willing to assist... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 12, 2024

It may be legal malpractice for which a lawsuit for damages could be initiated.

Depending on the status of the case, it may be time to hire a new attorney.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

1 Answer | Asked in Real Estate Law and Legal Malpractice for North Carolina on
Q: What is considered attorney malpractice in terms of real estate closings?

The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 3, 2023

It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.

1 Answer | Asked in Contracts, Family Law, Child Custody and Legal Malpractice for North Carolina on
Q: I am unsure how to proceed with this situation

Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 14, 2023

You may need to find a new attorney before getting the retainer back as that will likely be contested.

If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.

1 Answer | Asked in Legal Malpractice and Criminal Law for North Carolina on
Q: Prison legal service got me out of prison due to errors. Do I still have to pay my lawyer and other court fees?

I was convicted by a jury. I had a court appointed lawyer, which she should have seen the errors from the beginning. I done 3yrs more than what I should have according to the DPS offender look-up. Since I been out, I had won money on a scratch off, but they took it for dues owed on that case. I... View More

Joel Gary Selik
Joel Gary Selik
answered on May 1, 2023

Some states require a factual finding of innocence in order to bring a legal malpractice case.

Consult with experienced attorneys.

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... View More

1 Answer | Asked in Family Law, Legal Malpractice and Social Security for North Carolina on
Q: Can the mother of my children be my legal guardian and representative payee?

I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 4, 2021

Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... View More

Amanda Bowden Johnson
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answered on Nov 11, 2020

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... View More

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: Would it not be a Conflict of Interest, Ethics Violation and Unprofessional Behavior for a Lawyer on both custody cases?

I retained a lawyer four years ago for a custody suit and won FULL custody. The other parent has now hired the SAME lawyer trying to get custody. AND, its the same judge that signed the first order that is now sitting the bench on this new order. I say they both should have to recuse themselves.... View More

Amanda Bowden Johnson
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answered on Oct 9, 2020

I see no ethical problems for the Judge and I really don't see any problems for the lawyer either since your prior case has been concluded four years ago. There is no question that the better practice would be for the lawyer to not take the case, just to avoid the appearance of impropriety... View More

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for North Carolina on
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?

My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight,... View More

Amanda Bowden Johnson
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answered on Apr 18, 2019

You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... View More

2 Answers | Asked in Business Formation, Business Law, Contracts and Legal Malpractice for North Carolina on
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?

Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Feb 4, 2019

Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.

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2 Answers | Asked in Legal Malpractice, Car Accidents, DUI / DWI and Juvenile Law for North Carolina on
Q: My 20 year old son was knowingly allowed to enter a bar being marked as over 21 the legal drinking age. After he left

The bar he was involved in head on collision and was arrested for DWI I'm curious can any charges be made against the bar since his friend let him in. His friend is an employee of the establishment so he is their responsibility

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2017

Others injured or killed have the best claims. Your son willingly participated.

To get additional information, look at Super Lawyers, for NC personal injury attorneys in your town or the closest big city. Ask for guidance.

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1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for North Carolina on
Q: Can A Lawyer loose his job for threatening me and my mama
Kirk Angel
Kirk Angel
answered on Jul 22, 2017

Sure, if his boss wants to fire him for that.

1 Answer | Asked in Legal Malpractice, Construction Law and Contracts for North Carolina on
Q: My lawyer did not claim damages ($97,000) that I had asked him to claim. I had a vacation rental that I was unable to

Rent out for 2 years because a person put a lien on the home. He did construction work that did not pass code and he refused to bring up to code so I didn't pay him. I couldn't rent the home for 2 yrs. My lawyer claimed neglect not loss of income so judge wouldn't allow financial... View More

Will Blackton
Will Blackton
answered on Jun 3, 2017

Your lawyer is in the best position to determine what claims should be raised in a pleading. You should talk with your lawyer and ask if he mistakenly omitted a claim, or determined, in his professional opinion, that a claim should be omitted.

To answer your question: ask your lawyer if...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

I was arrested on suspicion of child abuse in 2015. Due to my kids dad being military, I was able to respond to some allegations through the FAP program.(which reads statements from the incident report)1 This is how I found out that some statements in the police incident report were incredibly... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: Who does the ethic committee of NC answer to? They have not contacted us nor got us the money they promised.

We need to know how to force them to keep their word. But don't know how to contact them nor who to contact because of them not acting.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

You need to contact the disciplinary board for North Carolina.

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